|
SEC. 802. PROHIBITION ON ACQUISITION OF
PERSONAL PROTECTIVE EQUIPMENT FROM NON-ALLIED FOREIGN NATIONS.
(a) Prohibition.--
(1) In general.--Chapter 148 of title
10, United States Code, is amended by inserting after section
2533d the following new section:
``Sec. 2533e. Prohibition on
acquisition of personal protective
equipment and certain other items from non-allied foreign
nations
``(a) In General.--Except as provided in subsection (c), the
Secretary of Defense may not procure any covered item from any
covered
nation.
``(b) Applicability.--Subsection (a) shall apply to prime
contracts
and subcontracts at any tier.
``(c) Exceptions.--
``(1) In general.--Subsection (a) does
not apply under the
following circumstances:
``(A) If the Secretary of Defense determines that covered
materials of satisfactory quality and quantity, in the
required
form, cannot be procured as and when needed from nations other
than covered nations to meet requirements at a reasonable
price.
``(B) The procurement of a covered item for use outside of
the United States.
``(C) Purchases for amounts not greater than $150,000.
``(2) Limitation.--A proposed procurement in an amount greater
than $150,000 may not be divided into several purchases or
contracts for lesser amounts in order to qualify for this
exception.
``(d) Definitions.--In this section:
``(1) Covered item.--The term `covered item' means an article
or item of--
``(A) personal protective equipment for use in preventing
spread of disease, such as by exposure to infected individuals
or contamination or infection by infectious material
(including
nitrile and vinyl gloves, surgical masks, respirator masks and
powered air purifying respirators and required filters, face
shields and protective eyewear, surgical and isolation gowns,
and head and foot coverings) or clothing, and the materials
and
components thereof, other than sensors, electronics, or other
items added to and not normally associated with such personal
protective equipment or clothing; or
``(B) sanitizing and disinfecting wipes, testing swabs,
gauze, and bandages.
``(2) Covered nation.--The term `covered nation' means--
``(A) the Democratic People's Republic of North
Korea;
``(B) the People's Republic of China;
``(C) the Russian Federation; and
``(D) the Islamic Republic of Iran.''.
(2) Clerical amendment.--The table of
sections at the beginning of such chapter is amended by
inserting after the item relating to section 2533d the
following:
``2533e. Prohibition on acquisition of
personal protective equipment and
certain other items from non-allied foreign nations.''.
(b) Future Transfer.--
(1) Transfer and redesignation.--Section
2533e of title 10, United States Code, as added by subsection
(a), is transferred to the end of subchapter III of chapter
385 of such title, as added by section 1870(d) of the William
M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283) and amended by this Act,
and redesignated as section 4875.
(2) Clerical amendments.--
(A) Target chapter table of
sections.--The table of sections for subchapter III of chapter
385 of title 10, United States Code, as added by section
1870(d) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283),
is amended by adding at the end the following new item:
``4875. Prohibition on acquisition of
personal protective equipment and certain other items from
non-allied foreign nations.''.
(B) Origin chapter table of sections.--The table of sections
at the beginning of chapter 148 of title 10, United States
Code, as amended by subsection (a), is further amended by
striking the item relating to section 2533e.
(3) Effective date.--The transfer,
redesignation, and amendments made by this subsection shall
take effect immediately after the amendments made by title
XVIII of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 take effect.
(4) References; savings provision;
rule of construction.--
Sections 1883 through 1885 of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283) shall apply with
respect to the transfers, redesignations, and amendments made
under this subsection as if such transfers, redesignations,
and amendments were made under title XVIII of such Act.
|
Prohibition on acquisition of
personal protective equipment from non-allied foreign nations
(sec. 802)
The House bill contained a provision
(sec. 803) that would prohibit the Secretary of Defense from
procuring personal protective equipment manufactured in China,
Russia, North Korea, or Iran with certain exceptions.
The Senate amendment contained a similar
provision (sec. 832).
The agreement includes the Senate
provision with an amendment that would clarify the items that
would be considered personal protective equipment.
H. R. 4350--House
Report 117-118
Section 803--Prohibition
on Procurement of Personal Protective Equipment from Non-Allied
Foreign Nations.
This section would prohibit the procurement of certain personal
protective equipment from designated nations.
S. 2792--Senate Report117-39
Prohibition on
acquisition of personal protective equipment from non-allied
foreign nations (sec. 832)
The committee recommends a provision that would prohibit the
Secretary of Defense from procuring personal protective
equipment (PPE) manufactured in China, Russia, North Korea, or
Iran. It would authorize limited waivers to the prohibition for
small purchases, for the use of PPE outside the United States,
and for cases in which satisfactory PPE cannot be purchased from
other sources at reasonable cost or to meet requirements. |
